Help! I was hurt working at El Chico*

There is no job that comes without risks. If you were working your shift at El Chico and suffered an injury, you might be eligible to file a claim against El Chico for workers' compensation. Workers' compensation is a specific kind of insurance that most U.S. employers have to protect themselves and their employees in the event of work-related injuries or illnesses.

Workers' compensation includes medical benefits and covers a portion of lost wages. If you think you are eligible to file a workers' compensation claim against El Chico, you should consult with a workers' compensation attorney because the process is very complicated.

Company Profile: El Chico

Serving Tex-Mex food, the chain has grown to include 78 locations spread across the Southern United States. The restaurant originated from Adelaida Cuellar's homemade tamales being a hit at the county fair in 1926.

Her sons used her recipes to open the first El Chico in 1940 in Dallas, Texas. The restaurant chain is now part of Consolidated Restaurant Operations Inc. (CRO). During the 1960s and 70s, Joe Carvajal played a major role in restaurant chain's success by introducing the sopapilla to Tex-Mex and American cuisine.

Where you hurt working at El Chico?

There are inherent risks with any job and working at El Chico is no exception. Here are some hypothetical scenarios of how an employee could be hurt on the job:

  • While preparing food in the kitchen, you suffered second-degree and third-degree burns on your hands and arms.
  • As you were going to the cash register, you slipped and fell because of a spilled drink. You ended up with a broken arm.
  • While unloading a truck of supplies, you suffered a serious back injury that might require surgery.
  • You were opening a box of taco sauce with a boxcutter, which slipped and cut deeply into your hand.
  • While in the kitchen, you were burned by scalding water that was spilled across your abdomen and down your legs.

Lawsuit Example

According to Justia, Kim Cannon alleged that she suffered a back and neck injury in the capacity of her duties at an El Chico restaurant based in Arkansas. The employee claimed that on February 12, 1999 she slipped on ice that had melted on the concrete floor. She braced her fall to keep from hitting the floor, but went forward in a jerking motion. She said she immediately felt pain in her back and shoulders. She said the incident was reported to her immediate manager that evening and told the general manager the following day, but neither filled out an accident report.

She claimed that she experienced pain from the night of the injury until the day she was terminated from her job near the end of February or first of March. She did not seek treatment for her condition until April 8, 1999. An MRI performed at the end of April determined a paracentral disc protrusion.

However, the court denied Ms. Cannon's claim because her testimony conflicted with the testimony of the managers, there was no accident report on file, the history she gave her doctors about the injury conflicted with her testimony, and she put off seeking medical treatment.

Workers’ Comp Attorney Consultation

To ensure your rights are protected, you should consult with a workers' compensation attorney as soon as possible after a work-related injury. An attorney will make sure everything is properly documented and will even file the claim for El Chico workers' compensation benefits. An attorney can significantly improve your odds of being awarded compensation for your injury.

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against El Chico, or another party, you may not be entitled to any compensation.